Apple picking on NYC green living trademark

There are many ways to slice--or draw--an apple, but the Cupertino, Calif., computer maker is once again claiming right to its own methodology.

An image from the GreeNYC Web site showing the logo Apple is disputing.

(Credit: NYC.gov)

Just as we were enjoying a reprieve from Apple trademark cases, a new one arose this week with the company challenging New York City's trademark application for a logo it's using in a new green living campaign.

The Big Apple's GreeNYC campaign features an emblem--an apple with a stalk and leaf--that has started to appear on city bus shelters, hybrid cabs, and even Whole Foods shopping bags, according to a story first reported by Wired.

Apple says the emblem resembles its own signature logo, and will thus confuse people and "seriously injure the reputation which (Apple) has established for its goods and services," according to the January filing with the federal Trademark Trial and Appeal Board obtained by Wired (PDF).

New York, in response, says the claim is without merit and that Apple is asking for overly broad protection, according to news reports. A spokeswoman for the city's marketing arm said the logo was "meant to invoke thoughts of upstate New York's bucolic rural areas, where apple orchards once delivered much of the nation's crop," according to the Associated Press. She added that the idea came from the city's Big Apple nickname.

The city, however, has never obtained trademarks related to "The Big Apple" phrase, according to the AP. But with Apple's three Manhattan retail stores and its trademark history, maybe the time is ripe for the city to do so.

[`WarpKat]

I'm Sorry, Apple...

...but you can't damage a reputation you really <br />didn't keep up on your own.<br /><br />Only recently have you begun to revitalize your <br />business, however, in light of the recent <br />hacking contest where your OS was the first to <br />fall, I would say that griping about your <br />reputation being damaged by NYC's attempt at <br />going green with a nice looking logo - that I <br />wholeheartedly feel can never be confused with <br />yours - should be the last thing you need to be <br />doing.<br /><br />Your trademark is safe. I think the Rainbow <br />Coalition would have more to gripe about than <br />you do considering which colors you originally <br />used in your logo...or am I confusing the two?

[nasserd]

spot on

Point well noted; Mr Jobs was probably an "angel" investor for the Rainbow Coalition.

[Shell Huber]

Publicity Stunt

Doesn't everyone see?" This is a PR stunt.<br />Apple in the news.. Green in the news...<br />Apple then says after considering it a good cause.. backs off..<br />A win win for everyone.<br />End of another BS story!

[jpmays]

Here's an idea!

If you're not part of the solution, then you're part of the problem! It would behoove you, Mr. Jobs, as well as your company, to find a solution that is compatible for all parties involved!<br /><br />In other words... pull your head out of your butt, and smell the Apple Orchards!

[rorybaust]

Greedy Company

I hate Apple , and this gain justifies my postion. Whats next close down fruit shops because their selling a product that infringes on their IP.<br /><br />Give us a break. I would prefer that we all sue Aplle for annoying the crap out of us.

[J H F]

Don't blame Apple

If Apple doesn't defend it's trademark it looses it. This is the way the lawyers work, they create a situation where they are needed to solve such benign things such as this in a contentious manner. The Lawyers get rich and Apple and NYC lose.

[servermaker]

the only intelligent comment on here

someone who actually understands the issue...

[My-Self]

The forbidden fruit ...

They need to defend their trademark only for related activities, else, maybe they could start suing the food industry whenever they dare represent the forbidden fruit on their logo ...<br /><br />I think Apple Inc (Registered Trademark) saw the logo and thought Damnit ! that's the logo we want for our recycling program, so they did what this company always does: They sue.<br /><br />BTW, NYC logo looks more like a peach than an apple ...

[jture]

Oh, puh-LEEZ, Apple

The GreeNYC logo doesn't look ANYTHING like Apple's trademark. This is as ludicrous as Donald Trump trying to trademark the phrase "You're fired."

[SeizeCTRL]

What Apple really thinks...

Apparently Apple thinks it's users are completely retarded. There is no other way to explain it. You would have to be dumber than unflavored popcorn to confuse the two logos.<br /><br />What's next? Are they going to start suing manufacturers of apple juice? Mother nature herself? This is one of the stupidest things I have seen in the tech world.<br /><br />The only people who can defend this are the brainless zombies who Apple covets. Anyone who can THINK, not just 'differently' but actually think think would see this as being completely ludicrous. <br /><br />Shame on you Apple... shame on you for being so evil and overbearing that you would sue an environmental group over a logo that doesn't look anything remotely like yours. Shame on you Apple for believing us, the consumers are too f'n stupid to notice the difference.

[Mercury23]

hehe right on

You think Apple will sue these guys?<br /><br /><a class="jive-link-external" href="http://www.realfooddirect.co.uk/images/products/big/frobishers-apple.jpg" target="_newWindow">http://www.realfooddirect.co.uk/images/products/big/frobishers-apple.jpg</a><br /><br />It's hard for me to tell, but is this beverage made by Apple or by apples? Damn you mother nature for creating a fruit so damn similar to that of a corporate logo!

[7070847]

Malus Malus

Bad Apple!<br /><br />The Latin name for the Genus of trees that produce Apples is "Malus". <br />The name derives from the Latin word for BAD - as the original fruit trees produced crab-apples rather than the cultivars we eat today.<br />So it seems particularly appropriate when rapacious corporate lawyers feel this is a justifable use of their time. <br /><br />Shame on the big companies who think they own the rights to our historic language and names.<br /><br />John

[pctec100]

Apple's environmental record

Apple has worked hard to build a poor environmental record. I totally understand why they would want to protect that poor performance and distance themselves from NYC Green

[shycelticwitch]

Careful, your jealousy is showing again...

Every one of the comments posted here is from a Windblows user... <br />imagine that.

[Lee in San Diego]

Not true

I am an ardent MacFanBoy, and Apple Inc stockholder, but I try to <br />keep an even keel. Well I do have two Windows computers, but they <br />are not used much in either my work or leisure computing <br />activities.

[Mercury23]

Oh please...

I am sure that if NYC logo looked similar to the Windows logo and Microsoft sent out the same lawyer mafia to dispute trademark logos, you would be screaming about how unfair and evil Microsoft is.<br /><br />It has nothing to do with who is a fan of what company and everything to do with Common Sense!!! Apple is basically saying we the people of this nation lack the common sense to tell the two logos apart. Heaven forbid we confuse Apple with a city wide recycling campaign for a greener tomorrow. Wouldn't want to tarnish that shiny platinum Apple with a bit of environmentalism.<br /><br />If the two logos looked somewhat similar, then yes, I would agree, but they different.<br /><br />You can google image search apples all day and find tons of other instances where Apple would sue over the same ridiculous trademark infringement. It's a freaking APPLE for crying out loud. They don't come all that many different shapes.

[charliestl51]

Huh?

The point here, IMO, is that Apple is overly enthusiastic about preventing anyone, anywhere, from using the image of an apple in any way. New York has been the Big Apple for a long time. Apple Records existed before the first Apple computer was built. Does Apple, Inc. now own unlimited rights to all and any representation of apples wherever and for whatever reason they appear? Must we now include a trademark reference when using the phrase "Mom and apple? pie"?

[gggg sssss]

apple farmers look out

no more pictures of macintosh apples for you.

[Mercury23]

careful

I don't think you can say McIntosh now without placing a © by it. Probably might ought to start placing a ? by any mention of apple(s)<br /><br />For instance: "Hey Jimmy, would you like a McIntosh© apple? with your lunch?"

[celticbrewer]

Oh No!

I better go home and chop down my apple tree lest the Apple lawyers come and sue me. <br /><br />I guess taking on the Beatles wasn't enough. Let's go after the REAL big apple in our quest for global dumbination.

[alegr]

Beatles

It was the other way around: Apple Inc took on Apple Computers.

[Lee in San Diego]

This story is nothing

Wait until Apple Inc tells the person to remove this Apple logo<br /><br /><a class="jive-link-external" href="http://www.mopo.ca/uploaded_images/apple_tattoo-736300.jpg" target="_newWindow">http://www.mopo.ca/uploaded_images/apple_tattoo-736300.jpg</a>

[stevenwhite1975]

I guess court will decide whether Apple's claims are baseless or not.<br />I am Steven and my site is <A href="http://www.freewebs.com/stevenwhite1975/">stevenwhite</A>

[whatsupmyman]

it could seriously injure apples reputation it had for goods and services. apples reputation sucks every time a hear about an apple computer people are saying how much they suck ****. they actually think that it will confuse people on the symbol. anyone that is compident and not retarted can tell apart even the slightest diffrences. its like apple company is saying we the people are retards that cant tell the symbol of an apple apart.